TERMS OF SERVICE
Please read these terms and conditions (“Terms of Service”) of the Newspaper Association of America (“NAA”) carefully. By using this website or any other website operated by NAA ("NAA Website") and accessing the information contained therein (the “NAA Services”), you are indicating that you have read, acknowledge, and agree to be bound legally by these Terms of Service as if you signed a written document. If you do not agree to all Terms of Service, do not access the NAA Website. These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between you and NAA with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized NAA representative.
NAA reserves the right, at its sole discretion, to modify, suspend, impose new conditions on the use of the NAA Website, or remove portions of these Terms of Service from time to time, for any reason, without liability to you or any other user or third party. We will post any modified Terms of Service on the NAA Website and update the “Last Updated” date to reflect the date of the changes. You are responsible for regularly reviewing and complying with these Terms of Service. Your continued use of the NAA Website after we post any changes constitutes your acceptance of and agreement to any such changes. NAA may terminate or suspend access to the NAA Website at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the NAA Website will cease immediately and any information you have stored on the NAA Website may not be retrieved thereafter.
Unless otherwise noted, NAA owns the copyright to the content on the NAA Website. All rights reserved. The words or symbols, “NAA”, NAA logo, and other marks displayed on the NAA Website, may be trademarks or registered trademarks of NAA in the United States and/or other countries. The names of companies and products mentioned may be the trademarks of their respective owners. No association with any company, organization, product, domain name, e-mail address, logo, person, place, or event is intended or should be inferred unless otherwise expressly stated. Any rights not expressly granted herein are reserved. Content presented through the NAA Website, including in sponsor advertisements, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NAA, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the NAA Website, in whole or in part. You may not reformat or display the NAA Website, or mirror or frame the NAA Website on your Website.
As you use the NAA Website, you may receive or access information or other content originated by persons other than NAA ("Third Party Content"). You acknowledge and agree that NAA, its affiliates, parents, subsidiaries, customers, clients, sellers, licensors, distributors, service providers and/or suppliers, officers, agents and employees ("NAA Entity" or the "NAA Entities") are not responsible or liable for Third Party Content including, without limitation, any illegal, inaccurate, infringing, obscene, indecent, threatening, offensive, or defamatory content.
You will not use the NAA Website in a way that is unlawful or that harms, as determined in NAA's sole discretion, NAA or the NAA Entities.
You agree not to use the NAA Website to:
Upload or transmit material that is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable;
Upload or transmit content that infringes patent, trademark, trade secret, copyright, or other proprietary rights of any party or that you do not have a right to transmit under law or contractual or fiduciary relationships and agreements;
Post or transmit unauthorized or unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or other solicitation;
Post, transmit, or create a hyperlink to any material that contains computer viruses,, codes files, or other programming intended to interrupt or harm the NAA Website or computer or telecommunications equipment functionality;
Interfere with, disrupt, or make excessive or harmful automated use of the NAA Website, servers or networks; Impersonate or misrepresent affiliation with NAA or other person or entity;
Collect or store personal data about other users, or solicit passwords or personal identifying information for unintended, commercial or unlawful purposes; or
Engage in commercial activities within the NAA Website without prior written approval, including without limitation the display of commercial banners.
You agree to comply with all applicable laws regarding transmission of data exported from the United States or the country in which you reside. The user is solely responsible for his or her actions when using the NAA Website, including without limitation costs incurred for the user's Internet access.
Some areas of the NAA Website provide ways for users to interact, such as blogging, posting comments, and the like. Users will be given different levels of access to the NAA Website for purposes of interaction, depending upon their relationship to NAA. Users who do not register will remain anonymous and will not be able to participate in the interactive features of the NAA Website. Anonymous users may browse the public areas of the NAA Website. Users who wish to interact with other users and access password protected areas of the NAA Website must register by providing a valid business e-mail address, and creating a password. All registered users will be able to create profiles. Non-NAA members who register will have limited, read-only access to certain password protected areas. Registered NAA members will be able to interact with other users and access additional password protected areas containing premium content not available to non-NAA members. Registered NAA staff will have the same access as NAA members and additionally will be able to create and post blogs, and photographs or videos. You acknowledge and agree that such materials may be subject to confidentiality, privacy, proprietary rights, or other legal restrictions. In no event shall you publish, retransmit, redistribute or otherwise reproduce in any format to anyone the information contained in password-protected areas of the NAA Website. You may not hyperlink to or frame any password-protected section of the NAA Website. You agree to maintain the confidentiality of any password that we provide to you or that you choose, which protects access to any password-protected area of the NAA Website. NAA reserves the right to remove any content provided by a user that violates these Terms of Service and/or terminate your access to the NAA Website, if NAA determines, in its sole discretion, that you have violated these Terms of Service.
You agree to indemnify and hold NAA and the NAA Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your User Content, your use of the NAA Website, your violation of these Terms of Service, or your violation of any rights of another, whether you are a registered user or not. You expressly waive any and all claims that you may have against the NAA Entities from any and all liability arising from or related to the submission or use of the User Content. NAA is under no obligation to display or otherwise use your User Content and may remove your User Content at any time and for any reason. You understand and agree that NAA does not pre-screen User Content but that NAA shall have the right, but not the obligation, in its sole discretion, to refuse, edit or remove, in whole or in part, any User Content including, without limitation, any content that violates the Terms of Service or that is or is alleged to be offensive, objectionable, or infringing of intellectual property rights. By posting or otherwise transmitting User Content to the NAA Website you acknowledge and agree that NAA may have access to and/or may create or have created materials or ideas that may be similar or identical to your User Content, and that, unless otherwise expressly agreed to in writing by an authorized NAA representative, you will not be entitled to compensation or liability because of use by NAA or the NAA Entities of similar or identical material independently created, conceived or developed for any purposes whatsoever, including without limitation, developing, manufacturing or marketing products or services.
You acknowledge and agree that NAA is not responsible or liable for incompatibility between the NAA Website and other sites, services, software, or hardware. NAA is not responsible or liable for any damages or costs arising from or connected with your use of services available from third parties though links contained on the NAA Website. You understand and agree that areas of the NAA Website may include advertisements at NAA's discretion and that NAA has the right to run such advertisements with or without notice or recompense to you or any other user. You agree that your correspondence or dealings with advertisers found on or through the NAA Website, including goods, services, payment, delivery, terms, conditions, warranties or representations, are solely between you and such advertiser and that NAA shall not be responsible for loss or damage incurred as the result of such dealings or the presence of advertisers on the NAA Website.
Disclaimer of Warranties
NAA does not warrant or guarantee and expressly disclaims any and all responsibility or liability for the accuracy, completeness, reliability, security, timeliness, operability or availability of information or material displayed in the NAA Website. NAA disclaims any responsibility for the untimely delivery or receipt, deletion, omission, or failure to store, or of any content, information, or material. Nothing contained in the NAA Website constitutes an offer or solicitation to buy or sell advertising or any other product or service. The NAA Website are provided "as is”, with no representations or warranties whatsoever. NAA expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens, workmanlike effort, non-infringement, course of dealing, or that access to or use of the NAA Website will be uninterrupted or error-free. You understand and agree that you download or otherwise obtain or use material or data through the NAA Website at your own risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You also may have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall NAA be liable to any user arising from that user's use, misuse of, or reliance on the NAA Website or from any claim relating to these Terms of Service. NAA shall not be liable for any harm caused by the transmission through the NAA Website of a computer virus, or other computer code, or programming device that may be used to access, modify, delete, damage, corrupt, or otherwise impede or harm in any manner the operation of the NAA Website or your software, hardware, data, or property. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence) or otherwise, even if NAA has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the NAA Website, from inability to use the NAA Website, performance, or non-performance of the NAA Website, or from the interruption, suspension, or termination of the NAA Website (including such damages incurred by any third parties). This limitation also shall apply with respect to damages incurred because of other services, goods or information received through the NAA Website or received through any links or references provided in the NAA Website. This limitation shall also apply, without limitation, to lost data, lost profits, or the costs of procurement of substitute goods or services. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall NAA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, terrorism, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, air conditioning or other utilities. If you are dissatisfied with the NAA Website, do not agree with any part of these Terms of Service, or have any other dispute or claim with or against NAA with respect to these Terms of Service or the NAA Website, then your sole and exclusive remedy is to discontinue using the NAA Website . Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Termination of Users
Pursuant to 17 U.S.C. 512 (i), NAA has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the NAA Website who are repeat infringers. NAA reserves the right to terminate access to the NAA Website for users who repeatedly are found to provide or post protected material without necessary rights and/or permissions.
Designation of Agent for Notice of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights otherwise have been violated, please send a notification of claimed infringement to NAA’s Designated Agent that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NAA’s Designated Agent may be reached as follows:
Newspaper Association of America
Attention: René P. Milam
4401 Wilson Boulevard, Suite 900
Arlington, VA 22203
By Electronic Mail: DMCAagent@naa.org.
By Telephone: 571-366-1000
This contact information is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512.
General inquiries or communications should be directed to individuals listed on NAA’s Contact Us page.
Last Updated: June 29, 2011